White v. Vinzant

Rulon, J.:

Whitney VinZant, M.D., and St. Joseph Medical Center, Inc., (St. Joseph) defendants, appeal from the district court’s denial of their motions to dismiss or, alternatively, for summary judgment in this medical malpractice action.

The sole issue before us is whether the applicable statute of limitations was tolled when plaintiff, Rickey White, filed his request for a medical malpractice screening panel. We conclude plaintiff s action is not time barred and affirm the judgment of the district court.

PROCEDURAL HISTORY

On January 16, 1985, Whitney VinZant, M.D., performed surgery upon…